A Boulder judge ruled Monday that there is enough evidence to proceed with felony assault charges against a man accused of trying to strangle a Boulder police officer who attempted to place him in handcuffs in February.

Matthew Tello, 24, had one charge of first-degree assault and two counts of second-degree assault bound over to Boulder District Court at his preliminary hearing by Judge David Archuletta. The first-degree assault charge is a Class 3 felony, while the second-degree assault charges are Class 4 felonies.

Tello also is facing misdemeanor charges of resisting arrest and criminal mischief.

According to prosecutors, on the night of Feb. 17, Tello was on his bicycle with a friend riding on the handlebars in the 3200 block of 28th Street. A witness said that while she was pulling out of the parking lot, Tello's passenger got off the bicycle and began banging his hands on the car, before circling around to the right side of the vehicle and kicking the front passenger-side door, causing significant damage. Tello and the other man then left the area, and witnesses called police.

The witness said Tello later came back to look for his wallet before leaving the scene again.

Shortly after officers aired a description of the suspects, Officer Beth McNalley saw Tello on his bicycle in a dirt lot in the 2600 block of 28th Street and attempted to contact him. According to police reports, Tello began swearing at her, and McNalley attempted to put Tello in handcuffs, fearing he was either going to run or fight her.

McNalley was able to put one handcuff on Tello's left wrist, but he grabbed her neck and began squeezing with his right hand. McNalley was able to press her emergency button on her radio and told Tello twice she would shoot him if he did not let go. At one point she was able to knock his hand away from her throat, but he again grabbed her.

Officer Nathan Logue was the first officer to arrive on scene, and testified at the hearing Monday that he saw the two struggling.

"I jump out of the car run straight towards them and tackle the male to the ground," Logue said.

Logue said Tello continued to struggle but they were eventually able to handcuff him.

"Once we were able to get him in handcuffs, Officer McNalley walks a few feet away and bends over at the waist, and it sounds like she's trying to throw up, and she's coughing," Logue said.

Logue said McNalley said something to the effect of "he was (expletive) choking me," and that her voice sounded raspy.

McNalley was taken to Boulder Community Hospital, and had red marks on her neck and pain swallowing, according to Logue. He also testified that McNalley feared for her life and would have shot Tello if she hadn't seen Logue arriving on scene.

Tello is described as 5-foot-10 while McNalley is about 5-foot-1. On scene, Tello told officers, "I'm drunk, it's my birthday," according to the report. Officers noted his speech was slurred and they also found a flask containing what appeared to be alcohol.

Harvey Steinberg, Tello's attorney, argued there wasn't enough evidence for the first-degree assault charge, saying there wasn't proof of serious bodily injury since McNalley never had her airway completely blocked.

"It's just as likely he was holding her away from him," Steinberg said. "The evidence says, 'Yeah, my breath was restricted,' but she is able to talk to him throughout and never 'saw stars.'"

But Deputy District Attorney Karen Peters said even if McNalley never lost the ability to breathe, it was Tello's intention to strangle her.

"He does this not once, but two times even after she says, 'I'm going to shoot you,'" Peters said. "He's just going for her throat and restricting her airway, and not until he is tackled by another officer does he let go."

Tello, who is free on bond, is now scheduled for an arraignment in May.

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